Page No.# 1/3 GAHC010224242025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/447/2025 SHANKAR SAHA SON OF LATE RAMESH CHANDRA SAHA, BAABULAL GALI, S.C. ROAD, ATHGAON, P.O GUWAHATI- 781001 VERSUS SUBHASH SAHA AND 4 ORS. SON OF LATE RAMESH CHANDRA SAHA AND LATE PARUL BALA SAHA, RESIDENT OF HOUSE NO. 8, S.C. ROAD, BYE LANE NO. 1, ATHGAON, P.O GUWAHATI- 781001, DISTRICT- KAMRUP (METRO), ASSAM 2:SMTI SUNITA SAHA DAUGHTER OF LATE RAMESH CHANDRA SAHA AND LATE PARUL BALA SAHA HOUSE NO. 8 S.C. ROAD BYE LANE NO. 1 ATHGAON P.O GUWAHATI- 781001 DISTRICT- KAMRUP (METRO) ASSAM 3:SANJAY SAHA SON OF LATE RAMESH CHANDRA SAHA AND LATE PARUL BALA SAHA RESIDENT OF HOUSE NO. 8 S.C. ROAD BYE LANE NO. 1 ATHGAON P.O GUWAHATI- 781001 DISTRICT- KAMRUP (METRO) ASSAM Page No.# 2/3 4:AJAY SAHA SON OF LATE RAMESH CHANDRA SAHA AND LATE PARUL BALA SAHA RESIDENT OF HOUSE NO. 8 S.C. ROAD BYE LANE NO. 1 ATHGAON P.O GUWAHATI- 781001 DISTRICT- KAMRUP (METRO) ASSAM 5:SAJAL SAHA SON OF LATE RAMESH CHANDRA SAHA AND LATE PARUL BALA SAHA RESIDENT OF HOUSE NO. 8 S.C. ROAD BYE LANE NO. 1 ATHGAON P.O GUWAHATI- 781001 DISTRICT- KAMRUP (METRO) ASSA Advocate for the Petitioner : MR J C GAUR, U AGARWAL Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 07.11.2025 Heard Mr. J C Gaur, learned counsel for the petitioner. This is an application filed under Article 227 of the Constitution of India challenging the order dated 04.08.2025 passed by the learned Additional District Judge No. 2, Kamrup (M), Guwahati in Misc. (J) Case No. 21/2025 arising out of PTS No. 07/2022. The present petitioner is the plaintiff in the probate proceeding before the trial court. After his examination as witness, his lawyer informed the court that the petitioner would not examine any other witnesses. Subsequently, the Counsel had made such statement before the court and filed a review petition stating that he wanted to examine some witnesses in order to prove the WILL. That review petition was dismissed by the trial court on some grounds which do not deserve to be discussed in this order. I have considered the submissions made by the learned counsel for the petitioner. The impugned order debars the plaintiff from the suit to prove his case and this is not allowed by law. The plaintiff should have given an opportunity to prove his case. Therefore, the impugned order dated 04.08.2025 passed by the learned Additional District Judge No. 2, Kamrup (M), Guwahati in Page No.# 3/3 Misc. (J) Case No. 21/2025 arising out of PTS No. 07/2022 is set aside and quashed. The trial court is directed to given adequate opportunity to the petitioner to prove his case in PTS No. 07/2022. With the above, the present civil revision petition is disposed of. JUDGE Comparing Assistant